Home -> Law Blog Directory -> Legal News Blogs -> Legal News Post
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal News
: Legal News PostNew SEC-Bank of America settlement proposal faulted
By (Legal News)
A federal judge who rejected the government's first bid to settle civil charges against Bank of America Corp. showed little enthusiasm Monday for a new proposed settlement.
U.S. District Judge Jed Rakoff sharply questioned the merits of the latest proposal, which calls for the company to pay $150 million to resolve allegations that it lied to shareholders at the height of the financial crisis about its pending acquisition of brokerage Merrill Lynch.
Last fall, Rakoff threw out an initial, $33-million settlement between the company and the Securities and Exchange Commission, calling it a "contrivance designed to provide the SEC with the facade of enforcement."
At a hearing Monday on whether he should approve the new proposed deal, Rakoff asked whether the SEC had been forceful enough in the case. He noted the latest proposal, like the first one, would not punish individual Bank of America executives.
The judge referred repeatedly to a lawsuit filed last week in state court by New York Atty. Gen. Andrew Cuomo that deals with much of the same conduct.
Cuomo's case goes further than the SEC's in seeking to punish Bank of America's former chief executive, Ken Lewis, along with another executive as well as the bank itself. Although Rakoff poked fun at the angry rhetoric in Cuomo's complaint, the judge said it put forth "a great many allegations that seem far more suggestive of potential fraud than anything presented by the SEC."
"Weren't you operating from the same evidence?" Rakoff asked the SEC's lawyer.
The SEC initially accused Bank of America of lying to shareholders about its plan to pay billions of dollars in bonuses to Merrill Lynch employees after its acquisition of the brokerage was completed. More recently, the SEC also alleged that the Charlotte, N.C., banking giant did not disclose the size of Merrill's losses before a shareholder vote on the acquisition.
Cuomo last week said that his new case was working in concert with the SEC, which announced its settlement minutes before Cuomo announced his lawsuit. But rifts between Cuomo and the SEC were clear Monday, particularly regarding Cuomo's allegation that Bank of America fired a lawyer because he questioned the withholding of information from shareholders.
Full post as published by Legal News Post on February 09, 2010 (boomark / email).
Bank of America Faces Homeowner Class Action For Withholding Federal Bailout Funds
Bank of America Faces Homeowner Class Action
Bank of America Corporation 401(k) / ERISA Stock Fraud
Bank of America Corporation 401(k) / ERISA Stock Fraud
Bank of America Faces Class Action over Mortgage Foreclosure Practices
Bank of America Faces Class Action over Mortgage Foreclosure Practices
Bank of America Settles Merrill Lynch Class Action for $150 Million
Bank of America Settles Merrill Lynch Class Action for $150 Million
Bank of America
Buys Merrill for $50 Billion

Judge Refuses to Confirm Sham Bank of America-SEC Settlement
SEC v. BofA: Judge Rakoff Rejects the Settlement (Part 1)
Bank of America, Merrill Lynch and Their Attorney-Client Privileges.
Judge Rakoff and Judicial Meddling
Approval of proposal by Bank of America to acquire Merrill Lynch









